With a view to modernize, upgrade, standardize and enhance the
somewhat outdated plant quarantine system, its capacities and the related legal
and administrative framework, the Government of India has recently approved the
notification of a new Plant Quarantine Order for the country. This new Order is
a step forward in harmonizing Indias regulatory framework with the
International Plant Protection Convention and internationally accepted standards
and the tenets of the SPS Agreement of the World Trade Organization. Other
supporting and managerial steps are also being taken to improve, to
international standards, the entire gamut of the countrys quarantine
activity and phytosanitary border controls, including import and export
inspections, on-field surveillance for pests and vectors, treatment standards
and processes, and certification methodology. India is making imports of plants
and plant materials subject to pest risk analysis to protect its crops from risk
of introduction of alien pests. Efforts are also under way to improve the export
certification process and standards to ensure that such phytosanitary
certification gives an assurance of freedom from quarantine and regulated pests
and vectors, including alien species for importing countries. The details and
features of the legislative and executive initiatives, and the rationale and
methodology adopted are outlined in this paper.

Plant quarantine structure and policy in India

Plant quarantine operations in India are carried out by the
Directorate of Plant Protection, Quarantine and Storage, which functions under
the aegis of the Ministry of Agriculture. The administrative structure of plant
quarantine is shown in the organizational chart (see figure 1).

The development of the new Plant Quarantine (Regulation of
Import into India) Order, 2003 (referred to hereafter as the new
Order) reflects the primary plant quarantine concerns of the Government of
India. These are:

to prevent the
introduction and spread of exotic pests that are destructive to the country by
regulating the import of plants and plant products through adequate policy and
statutory measures

to support Indias
agricultural exports through credible export certification

to facilitate safe global
trade in agriculture by assisting producers, exporters and importers and by
providing technically comprehensive and credible phytosanitary
certification.

Before the new Order was gazetted on 18 November 2003, the
hitherto existing plant quarantine statute and regulations dated back as early
as 1914. Until recently, regulatory measures in India operated on the basis of
The Destructive Insects and Pests Act, 1914, which was promulgated to prevent
introduction and spread of destructive pests affecting crops, and the Plant,
Fruits and Seeds (Regulation of Import into India) Order, 1989. Some other Rules
were promulgated for regulating import of live insects (1941), fungi (1943) and
cotton (1972).

The New Seed Policy, 1988 was formulated to provide Indian
farmers with access to the best available seeds and planting material, domestic
and imported.

Fig. 1: Organizational chart of Indian plant quarantine
structure.

The Plants, Fruits and Seeds (Regulation of Import into India)
Order, 1989, prohibiting and regulating the import into India of plants, plant
materials and the like, is based on post-entry quarantine checks. It has now
been replaced by the new Order of 2003.

Why a new plant quarantine regulation?

There were many reasons prompting the development of new
legislative provisions for plant quarantine in India. They include the
following:

Liberalized trade
in agriculture as a consequence of the WTO Agreements, although offering
economic opportunities, also implied fresh challenges of amplified pest risks, a
corollary to the increased volumes and array of international trade in
agricultural commodities.

With diverse agroclimatic
zones, varied agricultural produce and surplus food production, India finds
itself in a position to exponentially expand its agricultural trade. However,
what were required were accreditable national standards for all critical
phytosanitary activities. Relevant entities and other interested parties
invariably felt the need for compliance with stringent international
phytosanitary regulations.

There was an urgent need to
fill the gaps in the existing plants, fruits and seeds order of 1989, namely by
regulating the import of germplasm, genetically modified organisms and
transgenic plant material, as well as live insects and fungi (including
biocontrol agents etc).

India needed to facilitate
safe conduct of global trade in agriculture and thereby fulfil its legal
obligations under the relevant international agreements.

It was necessary to protect
the interest of the countrys farmers by preventing the entry,
establishment and spread of destructive pests, vectors and alien
species.

It was necessary to protect
the national plant life and environment.

It was necessary to safeguard
the national biodiversity from threats of invasive alien species.

The need was felt for
incorporation in regulation of additional special declarations for the freedom
of import commodities from quarantine and alien pests. These declarations would
be based on standardized pest risk analysis, particularly for seeds and planting
materials.

Salient features of the new Order

The 2003 new Order for plant quarantine in India has widened
the scope of plant quarantine activities with the incorporation of additional
definitions. It also makes pest risk analysis a precondition for
imports.

It places a prohibition on the import of commodities
contaminated with weeds and/or alien species. Import of packaging material of
plant origin is restricted unless the material has been treated.

The new Order includes provisions for regulating the import
of:

soil, peat and sphagnum moss

germplasm, genetically modified organisms and transgenic material for research

live insects, microbial cultures and biocontrol agents

timber and wooden logs.

Agricultural imports are now classified as: (a) prohibited
plant species; (b) restricted species where import is permitted only by
authorized institutions; (c) restricted species permitted only with additional
declarations of freedom from quarantine pests and subject to specified treatment
certifications; and (d) plant material imported for consumption or industrial
processing permitted with normal phytosanitary certification.

A permit requirement is now enforced on imports of seeds,
including flower seeds, propagating material and mushroom spawn cultures.
Additional declarations are specified in the new Order for the import of 144
agricultural commodities, specifically listing as many as 590 quarantine pests
and 61 weed species.

Notified points of entry have increased dramatically: there
are now 130 such entry points, where previously there were 59. The new Order
also rationalizes the structure of certification fees and inspection
charges.

Harmony with the IPPC

Indias new Order for plant quarantine aligns with the
framework of the International Plant Protection Convention in several important
ways:

The phytosanitary
measures are designed to prevent global spread of noxious pests and are based on
justified scientific principles with pest risk analysis as the
cornerstone.

Provisions have been made
applicable to packages and transportation.

Inspection and certification
provisions accord with Article IV of the IPPC.

Phytosanitary certificates are
in the format of Article V of the IPPC and according to the plant quarantine
requirements of the importing country. They are to be issued after careful
inspection and the required treatment.

There is emphasis on capacity
enhancement and development and training of staff.

The new Order has been hosted on the Web site of the Ministry of Agriculture
(and is available at www.agricoop.nic.in)
and made accessible to everyone. It is transparent and applies uniformly
to all exporting countries or parties.

Issue of import permits

Features of the new regulation of imports include the
following:

Separate formats
have been devised for applications for the issue of import permits and also for
the permit letters issued for consumption purposes as opposed to those for
propagative plant materials.

Applications for seeds and
planting materials must be accompanied by (1) a registration certificate issued
by the National Seeds Corporation or the Director of Agriculture or Director of
Horticulture of the state government and (2) a certificate of approval of
post-entry quarantine facilities issued by the designated inspection
authority.

Permits are to be issued
within a maximum period of three working days of submission of an
application.

Pest risk analysis has been
made a precondition for import of new agricultural commodities.

Permits for import of soil or
peat and for import of live insects, microbial cultures or biocontrol agents are
to be issued only by the Plant Protection Adviser, the technical head of the
plant quarantine service.

Permits for import of
germplasm, genetically modified organisms and transgenic material are to be
issued by the director of the National Bureau of Plant Genetic Resources, New
Delhi.

Issued permits are valid for
six months. This may be extended a further six months.

Permits are not transferable
and no permits are to issued for landed consignments.

Relaxations from the
conditions of the new Order, necessitated by emergency or unforeseen
circumstances, are to rest with the Ministry of Agriculture.

Enhancement of plant quarantine facilities

Various initiatives and activities are under way for upgrading
and strengthening plant quarantine facilities:

by 2005, 35 new
plant quarantine stations to be opened across the country at all major and minor
ports

development of:

an integrated information management
system

an integrated pest risk analysis system and a national pest
risk analysis unit for conducting integrated pest surveillance

an integrated phytosanitary border control system

a national phytosanitary database

a national management centre for phytosanitary certification
to continuously review the national standards for export phytosanitary
certification.

standardization of the export
certification process so that uniform and credible certificates with a common
format and seal are issued by all phytosanitary certification authorities, both
in central and state governments, across the country

human resource development and
skill upgrading or training programmes for scientists, researchers and
others

production of guidelines for
the development of new disinfestation techniques and vapour heat treatment of
fruit fly host commodities

development of fumigants as an
alternative to the ozone-depleting methyl bromide

development of international
standards for phytosanitary measures

planned production of
guidelines for accreditation of post-entry quarantine facilities and
inspection.

Action plan for pest risk analysis

Pest risk analysis plays a key role in the new Order for plant
quarantine in India. An action plan for pest risk analysis was drawn up, to take
effect from December 2003. A major feature of the plan is the establishment of a
national pest risk analysis unit.

The action plan includes organizing PRA training, establishing
working groups and holding a workshop attended by national and international
experts to prioritize crops and commodities for pest risk analysis. Some 36
commodities (see box) were selected for which a pest database is under
development. Detailed pest risk analyses for these commodities have begun, with
the aim of completing the pest risk analysis for 13 commodities each
year.

Indias priority crops for pest risk
analysis

strawberry

banana

kiwi

musk melon

watermelon

pears

mandarin

cashew nut

apple

grape

citrus fruits

lentil

red beans

chickpea

jute

black gram

green gram

cotton

wheat

rice

barley

maize

baby corn

pearl millet

sorghum

lettuce

garlic

broccoli

potato

Chinese cabbage

mustard

sunflower

safflower

linseed

castor

rape seed

Policy for the control of invasive alien species in
India and related policy initiatives

The national integrated pest management (IPM) programme is
considered to be the mechanism with which to prevent and control the threat
posed by invasive alien species within the country. State governments,
non-governmental organizations, private sector organizations, research
institutions and farmer self-help groups are all increasingly involved in the
surveillance and detection of pests and diseases. They are capable of taking
environmentally friendly corrective action within the IPM scheme.

International cooperation has helped in dealing with migratory
locust, a pest of great concern for the Asian region. India maintains active
coordination with FAO and with neighbouring countries for surveillance, early
detection and control measures for locust. There was no major incidence reported
in the region in 2003.

A peculiar cyclic problem, thankfully confined to a small
hilly region of north-eastern India, relates to unexplained but sudden surges in
rodent population and activity. The menace reaches peak proportions at the same
time as the periodic gregarious flowering of bamboo. The problem has surfaced
again and is likely to peak in 2006-2007 when the next mass flowering is
predicted, causing crop losses. Research and preventive control measures under
way include study of the rodent characteristics, damage capacity, pathways
associated with the pest and an environmentally friendly control strategy. The
traditional knowledge of the local agrarian community of the region is also
utilized.

Of particular interest to India is research being conducted to
study the impact of climate change on the threat posed by invasive alien
species. The topic is of greater importance since a serious white woolly aphid
infestation of the sugarcane crop in parts of peninsular India in 2002 caused
substantial crop damage and losses. This pest had never before infested
sugarcane in India.

The task of research, future prevention and control measures
for white woolly aphid is being handled by the Ministry of Agriculture in
coordination with other central government departments, concerned state
governments, the Indian Council of Agricultural Research, other research
institutions and agriculture universities, private sector organizations and
sugar factories. The severity of the white woolly aphid infestation, recorded in
2002 in over 200 000 ha of sugarcane, has subsequently reduced substantially.
However, almost 75 000 ha of the crop was still infested in 2003 and the matter
continues to be of concern.